United States First Circuit

Petition for review of decision denying petitioner's motion to reopen her deportation proceedings is denied where: 1) petitioner failed to account for either the five-year delay in filing her first motion to reopen or the subsequent three-year lapse before the filing of her second motion; 2) the Board of Immigration Appeals made a reasonable factual determination that petitioner failed to demonstrate sufficient diligence to justify equitably tolling the motions deadline; and 3) therefore the court lacked authority to review the BIA's denial of relief.

Appellate Information

• Decided 12/01/2008
• Published 12/01/2008

Judges

Court

• United States First Circuit

Counsel